During the week of February 12, 2024, the Legislature has been moving rapidly and at a pace that makes one wonder if there is a purpose for the speed. This week, the Legislature took action on 46 of the bills that TFA is tracking. In many of these instances, the activity that the Legislature took this week was to schedule the bills for hearing next week, which the attached Calendar details.
Bills that moved this week with substantive and noteworth changes include:
HB1640 (Lamberth) was filed as an apparent caption bill and an amendment was offered that deleted the bills language and substituted new language. The bill seeks to enact “Jillian’s Law” and would impose 2nd Amendment restrictions on certain individuals depending on the disposition of criminal charges. One question concerning the bill is whether it even remotely satisfies the constitutional threshold set by the United States Supreme Court in the Bruen decision, that is, the “Bruen Basis“. The United States Supreme Court stated in Bruen that any law which impacts the constitutionally protected rights of citizens to purchase, own or use firearms must meet certain standards. What the Supreme Court also did was to reject many appellate court decisions which had concluded that Second Amendment rights could be infringed so long as the government’s reasoning was “reasonable” or based on “public safety” concerns. The proposed legislation so far lacks any clear foundation that would survive the Bruen Basis requirements at least insofar as pertains to individuals who are not involuntarily committed.
HB1695 (Alexander) would prohibit the release of autopsy reports of minors whose death is the result of a homicide. This would create a new exception to Tennessee’s Open Records Law. That new exemption, even if it is a “good idea” should not be rushed through the legislature but perhaps should be placed in a summer study for a more thorough consideration of potential unintended consequences or simply stopping it now. As written TFA would oppose this legislation (and a similar bill).
SB2734(Jackson)/HB2901(Kumar) seeks to change an adjective Tennessee’s existing emergency committal statute so that an emergency committal would require an “imminent” risk of harm rather than an “immediate” risk of harm. That subtle nuance in an existing statute suggests that this might be a caption bill that could be perhaps used as a vehicle to be amended into a Red Flag or some other anti-2nd Amendment legislation. TFA would recommend close monitoring of this legislation and likely opposition.
Of the bills that are on calendar to be heard the week of February 19, 2024, the following are worthy of specific attention and action:
These bills likely violate the Bruen Basis:
– HB1954 – increased penalty for transferring a firearm to a minor
– HB1935 – prohibits sales of high capacity semi-automatic firearms
– HB1587 – prohibits manufacture of semi-automatic rifles
– HB1589 – prohibits detachable magazines
– HB1592 – creates an offense for failing to report theft or loss of a firearm
– HB1593 – requires all firearms sales to be conducted through a federally licensed dealer
– HB1595 – creates a committee to study gun violence
– HB2329 – deletes affirmative defense to carry with intent to go armed (i.e., deletes the “permitless carry” affirmative defense)
– HB2333 – creates offense for possession or manufacturer of auto-switch or device to automatically allow a firearm to expel more than one round automatically
– HB2336 – bans 80% lowers or frames
– SB1657 – reporting on firearms injuries and deaths
Attached hereto is a list of the bills that had any Legislative activity during the week of February 12, 2024. We are also attaching a calendar report of all the bills that we are tracking which are scheduled for committee hearings the week of February 19, 2024.
Contact your legislators as well as the bill sponsors and committee members (see Calendar report) with your position or questions about these bills.
John Harris | Executive Director Tennessee Firearms Association
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